If your Australian visa application has been refused or cancelled, you may have the right to appeal the decision to the Administrative Appeals Tribunal (AAT). Understanding the AAT appeal process in 2025 is essential if you want to have a second chance at staying in Australia. This article breaks down the steps, timelines, and tips for lodging an appeal and increasing your chances of success.
With professional guidance from legal experts such as Immigration Solutions Lawyers, many applicants successfully challenge visa refusals and continue their journey in Australia.
What Is an AAT Appeal?
An AAT appeal is a review process where the tribunal reconsiders a decision made by the Department of Home Affairs. The AAT does not decide immigration policy, but it can overturn or change decisions if they believe the original outcome was incorrect based on the facts and law. The AAT can review decisions related to:- Visa refusals
- Visa cancellations
- Refusals of sponsorship
- Character-based visa decisions
Who Can Lodge an AAT Appeal?
Not everyone is eligible to lodge an appeal. You can appeal if:- You received a formal notification of refusal or cancellation.
- The decision is reviewable under Australian migration law.
- You were in Australia when the decision was made (in most cases).
Step-by-Step AAT Appeal Process in 2025
Step 1: Check Your Eligibility and Time Limit
The first and most urgent step is to check whether you are eligible to lodge an appeal and how much time you have.- Most visa refusal appeals must be lodged within 21 days of receiving the decision.
- Visa cancellations often have shorter timeframes—sometimes just 7 days.
Step 2: Lodge Your Appeal with the AAT
If you are eligible, you must lodge your appeal through the Administrative Appeals Tribunal website. You need to:- Create an online AAT account
- Complete the application form
- Pay the required fee (usually around AUD 3,374 in 2025)
- Submit a copy of your refusal or cancellation notice
Step 3: Receive Confirmation and Case Number
Once your appeal is lodged, you’ll receive an acknowledgement letter from the AAT with your case number. This confirms that your appeal has been received and will be reviewed. From this point, you may be allowed to remain lawfully in Australia while your case is being processed, depending on your visa status.Step 4: Prepare Supporting Documents and Evidence
Your appeal is your opportunity to provide new evidence, explain your situation, and correct any mistakes made in the original application. Gather documents such as:- Identity and visa documents
- Character references
- Financial records
- Medical reports (if relevant)
- Relationship evidence (for partner visas)
Step 5: Attend the AAT Hearing
In most cases, the AAT will invite you to attend a hearing—either in person, by phone, or via video link. You will be asked to explain your case, answer questions, and provide clarification on any documents submitted. You may be represented by:- A migration agent
- A legal representative (such as Immigration Solutions Lawyers)
Step 6: Wait for the Decision
The AAT will consider all evidence and submissions before making a decision. You will receive the outcome in writing. The tribunal can:- Affirm the original decision (no change)
- Set aside the decision and substitute a new one (favorable outcome)
- Remit the decision back to the Department of Home Affairs for reconsideration
- Dismiss the application if it’s invalid or out of time
Step 7: Explore Next Steps (If Needed)
If your AAT appeal is unsuccessful, you may still have other options:- Apply for Ministerial Intervention
- Appeal to the Federal Circuit and Family Court
- Lodge a new visa application under a different stream
Why Work with Immigration Solutions Lawyers?
Expert Advice on Complex Visa Appeals
Immigration Solutions Lawyers have years of experience handling AAT appeals for visa refusals and cancellations. Their legal team knows how to:- Identify key issues in the Department’s decision
- Prepare strong legal submissions and evidence
- Represent clients effectively at AAT hearings
- Increase your chances of overturning an unfair decision
Personalised Support and Strategy
Every case is different. Immigration Solutions Lawyers take time to understand your unique situation and create a customised appeal plan to suit your visa type, circumstances, and legal options.Help with Tight Deadlines
Since AAT appeals must be submitted quickly, having a legal team that acts fast and efficiently is crucial. Immigration Solutions Lawyers can prepare urgent applications and help you meet deadlines without missing key steps.Common Mistakes to Avoid During an AAT Appeal
- Waiting too long to seek advice after receiving a refusal
- Submitting incomplete or unclear evidence
- Missing hearing appointments
- Not preparing a clear explanation for your appeal
- Trying to handle the case alone without legal help
